Kegler Brown was part of the team in 1993 that drafted ORC 5540 and facilitated the first-ever Transportation Improvement District (TID) in Ohio. Beginning with our role as counsel to that TID in Butler County, Kegler Brown’s lawyers have been on the leading edge of TID projects across the state ever since. We have served as project counsel on more TID improvements than any other law firm in the state and have developed efficient, innovative and programmatic approaches to advancing TID projects.
- Our team advises TID clients on Ohio “Sunshine Laws,” including both Open Meetings and Public Records, with respect to monthly board meetings and public documents.
- We are well acquainted with state and federal qualification-based selection and competitive bidding regulations for TID projects, having consulted on the creation of the original legislation and defended it throughout Ohio’s court system, as well as having drafted project documents and agreements for more than 25 years.
- We provide advice regarding prevailing wage laws, application of Federal Highway Authority (FHWA) and ODOT requirements relating to federally funded projects.
- The TID team at Kegler Brown assisted ODOT and the Ohio General Assembly in the drafting of Ohio HB114 in 2011, which is the same legislative language that established the registration and application process and is currently utilized by ODOT for the TID funding program. We have worked to protect ODOT grant funding during each and every biennial transportation budget, and ODOT has consulted with us regarding the interpretation and application of the legislation.
- Our eminent domain practice focuses primarily on representing local governments and political subdivisions in eminent domain proceedings. We have represented municipalities and TIDs in hundreds of eminent domain proceedings throughout Ohio.
- We are experienced in drafting consultant services and construction services contracts for TID projects, including insurance schedules for more than $500M in projects. We also advise and represent TID clients in bidding issues, construction claims issues, and matters involving utilities. We are also intimately familiar with the ODOT LPA program and related requirements.
- Our TID team has prepared thousands of resolutions and motions acted upon by TID boards of trustees approving and authorizing actions by TIDs, and focuses on doing so in accordance and compliance with all applicable local, state and federal laws and regulations relating to those particular actions.
We currently act as general counsel to the Butler, Clermont, Fairfield, Franklin, Hamilton, Licking, Lucas, and Warren County TIDs; and we have also served as counsel to or consulted with TIDs in Belmont, Columbiana, Lorain, Montgomery, Stark, Medina, Muskingum and Lawrence counties. Some highlights from the TIDs we are currently counsel to include:
- Butler County TID: general counsel for 25 years on more than $330M in improvements, including SR129/I-75 Connector, Union Centre Boulevard Interchange + Extension, Liberty Centre Interchange, South Hamilton Crossing, and more.
- Clermont County TID: general counsel for 13 years on more than $150M in improvements, including Appalachian Opportunity Corridor / SR32 Segment IVa area improvements, Eastgate Local Network Improvements, Bridge Replacement + Landslide Rehabilitation Projects and SR32, SR28, SR125, SR131 and US50 corridors.
- Warren County TID: general counsel for 8 years on more than $100M in improvements, including I-71 Fields-Ertel Mason-Montgomery Interchange, I-71 Western Row Road Interchange, numerous Corridors, and a joint effort with the Hamilton County TID for improvements to the Fields-Ertel area.
- Hamilton County TID: general counsel for 20 years on multiple projects, including the Fort Washington Way Project, a $1.2 billion Eastern Corridor Multi-Modal Improvement Project, the Western Hills Viaduct Replacement Project, and Fields-Ertel Area Improvements with Warren County TID.